What is attractive nuisance in premises liability cases?

January 24, 2019 |

An attractive nuisance is a man-made condition on a property that has the capability to attract and pose a danger to a child. A wide variety of dangerous objects and hazardous conditions can be an “attractive nuisance” under Georgia law. These can include:

Swimming pools

Discarded appliances, e.g. freezers, refrigerators, washing machines

Abandoned cars

Unsecured tractors and other industrial equipment

Power lines

Construction sites

Holes in the ground

Under Georgia law, property owners must attempt to lessen the dangers any attractive nuisances pose to children. For example, if an owner has a pool, he must enclose the pool in some way, either using a fence or pool cover.

Attractive nuisance laws apply to both children that the owner has invited onto the property and children who are trespassing. This is because young children may not be able to comprehend the dangers that an object may pose.

If you are able to prove that your child did not comprehend the dangers an uncontained attractive nuisance on someone else’s property posed, you may have a case.

What elements must be present in an attractive nuisance case?

Several elements must be present in order to pursue an attractive nuisance suit under Georgia law. These include:

A dangerous or potentially dangerous condition exists in which a child is likely to sustain injury, e.g. The property owner has a pool.

The potentially dangerous object or condition was attractive or enticing to curious children.

The injured child was too young or otherwise unable to adequately understand the potential danger of the situation.

The dangerous object or condition was unguarded or exposed, allowing young children access, e.g. No fence or pool cover.

The property owner did not take reasonable steps to prevent access or otherwise reduce the risk of children sustaining injury, e.g. The property owner did not place a fence around the pool or a pool cover on the pool, when it would have been feasible to do so.

How can a lawyer help in a premises liability or attractive nuisance case?

You may be able to obtain compensation to cover medical care, rehabilitation costs, lost wages, and pain and suffering if your child sustained injuries while exploring someone else’s property in the state of Georgia. Premises liability attorney David Brauns can evaluate your premises liability or attractive nuisance case and offer advice for pursuing a claim.